Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1887-09-22

ical strength. It is admitted and even
positively asserted that such a thing as
the right of property is not only myth
but great wrong to those who, by lazi:
ness and other faults have never earned
property, or by their want of thrift can
not keep such as they may have had.
This association as Judge Magruder aptly
expressed it in his very logical opinion,
sUBvERTs ALL LAW.
His honor goes further in his descriptive
mention of the gentlemen who come to
very free country and try to ruin at
sight, for be says, "These men should
read our constitution, our laws, and then
they will find that they are hemmed
in with the law, but yet the yoke
is so light that none will
feel it," and so his honor goes on. There
was another newspaper called The Alarm,
mentioned before, and the defendant
Fielden owned some stock in 1t and 1t
was under the management of Engel and
other of these defendants. The court at
some length but With cognent argument,
proceeded TO connect other felonies in
the case, for instance that these defend
ants were the chief movers and centre
of any and all communistic meetings in
Chicago and that they were there In per-
son and were always pronounced
LEADERS OF THE RED FLAG ELEMENT.
The evidence $, says his honor, that
there were from twenty-five to thirty
labor unions in Chicago at that time, en-
bracing a mem bership of from $1,000 to
$4,000. A large majority of these men
were honest and industrious, working for
their daily bread; well-meaning men, and
had no thought of anarchy. But the evil
dence also shows that members of each
and all of the many "groups"
of anarchists distributed throughout the
city had assimilated themselves
with these lawful labor organizations.
What their purpose was in SO doing was
obvious from their procedure. Turning
again to the Haymarket meeting, the
court says: The assemblage for any or
binary purpose would have been lawful
but it was, not conducted as Lawful,
assemblage. The prior arming and drill
ing of the 'groups" even was unlawful as
violation of the militia laws of the state
of Illinois which provide that it shall be
unlawful for any company to drill or
parade with arms in the state without
authority.
Regarding the irrelevant testimony
cited by the defense, the court says: It
was claimed in one of the organs of the
dynamite bomb throwers' that a bomb
ia the bands of one man would be e9nal
to regiment of men, and while such
testimony was irrelevant yet it contained
no point to
JUSTIFY REVERSAL OF THE JUDGMENT.
Asspecimens of weapons by which de-
Il h
hearts could use agaius their fellow
creatures, nothing in modern times
can approach the exquisite means
court very carefully explains the law
as to conspiracy in all its phases and
quotes extensively from eminent author
titles. The court further says it lisa mis-
take to assume that the defendants can
not be charged with advising, encourag
ing, aiding. and abetting an unknown
principle in perpetration OF crime,
and following that point his honor gives
it familiar and trite and with we'll known
examples and follows with long list of
reliable authorities. It is very clear
principle of law, decided by many courts,
that a man who being present, aiding
and abetting or assisting, had advised,
encouraged, aided or Allotted the perpe-
tration of the crime
MAY BE CONSIDERED AS PRINCIPAL,
and so is the case at bar, consequently
some of these defendants are correctly
chargeable as accessories before the fact.
Among the instructions for the defense
the court below said: although the de-
PENDANTS, or some of them, may
have said, or spoken or pub
lished their views to the effect that
social revolution should be brought by
force and that officers of the law should
be resisted and to this end dynamite
should be used to the extent of taking
human life and that persons should arm
to resist the law and that the
laws should be throttled and killed,
and although such language might
cause persons to desire to
carry out the advice given as aforesaid
and to do the act which caused Officer
Degan's death, yet the bomb may have
been thrown and began killed by some
one unfamiliar with and unacquainted
with the teachings of these bomb throw
ers."
The court here enters into an elaborate
argument upon the different instructions
and concludes by saying: eve think
GnaG tne course pursued on the trial IN
regard to the manner of empannelling
the jury was correct and in accordance
with the plain meaning of section 81,
chapter 38, revised statutes. We cannot
see that the remarks of the states attor-
ney in regard to the jury were marked by
any such improprieties as require
reversal of the Judgment. In their
lengthy argument the counsel for the
defense make some other points of minor
Importance which are not noticed. AS
to these it is sufficient to say that we
have considered and do not regard them
we'll taken. The judgment of the Grim
inal court of Cook county is affirmed.
The Opinion Filed by Justice Mulkey. He
Concurs.
OTTAWA, ILL.,, Sept. 14.-Judge MuIkey
has filed the following opinion: as it is
not my intention to file separate opin-
ion as l should have done had my health
permitted, | prefer TO avail myself of
the occasion to say from the bench that I
concur iii the conclusion reached,
and also in the general view presented in